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Home My WebLink About2002-354SAOur Documents\Ordinances\02\3-Hickory Creek Road Condemnation Parcel 3.doc ORDINANCE NO. OD "✓�Jr AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.807 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A DRAINAGE AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.036 ACRE AND THREE TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENTS CONTAINING APPROXIMATELY 0.089 ACRE, 0.959 ACRE AND 0.028 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN STEPHEN A. VENTER SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO GARY JAY MADRIGAL BY QUITCLAIM DEED RECORDED IN VOLUME 4155, PAGE 1004, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS APPRAISED FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY EMINENT DOMAIN PROCEEDINGS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the real property interests described below; and WHEREAS, the hereinafter described property is believed to be owned by Gary Jay Madrigal ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of the following: a. fee simple title for street purposes, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 0.807 acre, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit `B", attached hereto and made a part hereof by reference (the "Right -of -Way Property"). b. a drainage and access easement in the name of the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.036 acre as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Drainage Easement') and as depicted on Exhibit `B", attached hereto and made a part hereof by reference; reserving unto the owner of said property the right to use the surface for parking and for driveway access to and from the adjacent public street. C. three temporary construction, grading and access easements in the name of the City of Denton, Texas in, over and across those certain tracts or parcels of land containing approximately 0.089 acre, 0.959 acre and 0.028 acre, respectively, as more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easements") and as depicted on Exhibit "D", attached hereto and made a part by reference, to use for access, staging, and placement of materials, equipment and supplies and for other construction activities, with said Temporary Construction, Grading and Access Easements expiring upon completion of Hickory Creek Road Project, or two years from the date the City of Denton takes possession of the Temporary Construction, Grading and Access Easements' property, which ever occurs first. The Right -of -Way Property, Drainage Easement and Temporary Construction, Grading and Access Easements are hereinafter collectively called the "Property". SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance. SECTION 3. The City Manager or his designee is hereby authorized and directed to make an offer for the Property in the amount of the fair market value, including damages to the remainder, if any, as determined by an independent appraisal obtained by the City. SECTION 4. In the event the offer as described in Section 3 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary eminent domain proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Property, with such fee simple title vesting in the City of Denton and to acquire the Drainage Easement and Temporary Construction, Grading and Access Easements. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the MLJL1NEBR 2002. e J01- OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY Page 2 APPROVED AS TO LEGA ORM: HERBERT L. PROMYMY ATTORNEY IM Page 3 EXHIBIT A RIGHT-OF-WAY ACQUISITION PARCEL3 BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a found P.K. nail at the northeast comer of said Madrigal Tract, also being the northwest comer of a tract of land conveyed to the City of Denton, Texas by affidavit and deed recorded in Volume 4647, Page 3456 of said Deed Records, said point being in Hickory Creek Road; THENCE S 3010'29" W, with the common line between said Madrigal Tract and said City of Denton Tract, a distance of 48.08 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new south right-of-way line of said Hickory Creek Road; THENCE with said new right-of-way line, with the following courses and distances: S 89°51'30" W, a distance of 279.57 feet to a set 5/8 inch capped iron and (TNP); S 81°19'39" W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TNP); S 89151'30" W, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP); N 73026'33" W, a distance of 52.20 feet to a set 5/8 inch capped iron rod (TNP); S 89°51'30" W, a distance of 67.32 feet to a 5/8 inch capped iron rod (TNP) set on the west line of said Madrigal Tract, also being the original east line of Hickory Creek Ranch, shown by plat recorded in Cabinet S, Page 241, Plat Records of Denton County, Texas; THENCE N 0-51'21" W, with said line, departing from said new right-of-way line, passing a found 1/2 inch iron rod at 11.69 feet, in all a distance of 50.00 feet to the northwest corner of said Madrigal Tract, in Hickory Creek Road; THENCE S 89'57'57" E, a distance of 650.30 feet to the Point of Beginning and containing 0.807 acre of land of which 0.557 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.250 acre of land more or less. DRAINAGE AND ACCESS EASEMENT BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point at the intersection of the west line of said Madrigal Tract with the proposed new south right-of-way line of Hickory Creek Road, previously described above, said point being S 0*51'21" E, a distance of 50.00 feet from the northwest comer of said Madrigal Tract and also being S 0°51'21 E, 11.69 feet from a found 1/2 iron rod in the west line of said Madrigal Tract; THENCE N 89051'30" E, with said proposed new south right-of-way line, a distance of 29.95 feet; THENCE S 15008'33" W, departing said right-of-way line, a distance of 108.65 feet to a point on the west line of said Madrigal Tract; THENCE N 00-51'21" W, with said line, a distance of 104.82 feet to the Point of Beginning and containing 0.036 acre of land. -,r rr ri rr Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit B for map. Exhibit E3 MAP SHOWING PROPOSED RIGHT—OF—WAY ACQUISIAON AND DRAINAGE AND ACCESS EASEMENT City of Denton, Denton County, Texas 1 CHAUCER ESTATE II PHASE I CHAUCER fSTA7ES CAB. 0, &D. 267 PHASE If __�-+.,1 1 CAB. S PC. 274 �SI TK TYAIN`LI�AN' 6 1 Ca—�{y1I 44 Itol 14l„T I, 44 \,� 45 I�I l ,i 46 N 009IY1• W 5o.00Tro7�.7 —-----�"-�- A- �\6 7, M'4 r-FTT ---I N ! 31 ! 2 1 36 1351341 33 if34 N 7i DLEOPF57DRAE 31 I • 1 GEORGE T. CONNELL, JR. VOL J/JS PG 4J6, D.R.D.C.7. CONNEI CAB. I I) I O PC. 75 !�LU FAMILY TRUST CC / 96-005900 R.P.R.D.CT. 1 HICKORY CREEK ROAD (VARIABLE HT07.H ROW) f i R{ it, — — — _5 l� E 650. J0� Q Q PFP.!FINrLF. rh`�G.'� sTxt�Sl..��.c's s? �— �,F,..✓ �rsnesvmrnt__ IY1]S • 5'e23l.h' W 119.SY I S Q7T029' w Id06' S9a71..701C- ;A tOr. l9 T.i•7A:FY' W 57.]rb' xuy:'.N' w Ff.1Y t mr; 6251•Jp• E 22.95' PARCEL 3 Or 13118'JJ• W Ip6e5' d807 ACRE 10/AL a557 ACRE N EMS ROW S — — F I DRAINAGE AND c ACCESS EASEMENT HIC 0 Y CREEK RAN H 30 : I dOJ6 ACRE 1 1 PHASE If ,29 CAB. S7 PG 241, P.R.T.G{T. i GARY JAY MADRIGAL I I 28 VOL. 4155 PG 1004, (OUITCYAIM) j VOL. 429, PG. 467, (REF. DEED) 27 I V26 25 24 I / I 3 2I ��` t I 22 NOTES: 1. Bearings are based on the Texas State Coordinate System. North Control Zone (Nod 83). 7. Integral parts of this survey. a. Mop b. Field notes 3. The new right—of—way line will be monumenled with 5/8' Iron rods capped 'T.N.R' EXHIBIT B PARCEL 3 L:\FwO. Rl4\pcNoo27l\ROW\PMC_1ow0 1� ✓6,-2Z-OZ Date: '0 1 A10 1 P 1 IALNN £. MEREDITH ET UX. �1 VOL. 829, PG. 474 D.R.D.CT. P. JJ, ICITY OF DEN TON L V %, 4647. PG. J456 \ i 0 200 400 600 TEAGUE NALL AND PERKINS e e 1, s e r 1 w e s W e t R s s I f 0 0 11 o c o n S f r 0 a l Fort Worth, Tsxos 76IO2 (B 1 7) J J 6— 5 7 7 J 2 J 5 W,at Hl c k o ry Slrawf Su I t s 1 0 0 0 en to, Te x es 78201 (940)383-4177 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENTS PARCEL3 BEING three strips of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strips of land being more particularly described by metes and bounds as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 BEGINNING at a point on the west line of said Madrigal Tract, said point being S 00°51'21" E, 154.82 feet from the northwest corner of said Madrigal Tract; THENCE N 15008'33" E, with the easterly line of a proposed Drainage and Access Easement, a distance of 108.65 feet to a point on the proposed new south right-of-way line Hickory Creek Road; THENCE N 89051 '30" E, with said line, a distance of 25.92 feet; THENCE S 15008'33" W, a distance of 202.68 feet to a point on the west line of said Madrigal Tract; THENCE N 00051'21" W, a distance o190.71 feet to the Point of Beginning and containing 0.089 acre of land more or less; TEMPORARY CONSTRUCTION EASEMENT NO.2 BEGINNING at a point on the proposed new south right-of-way line Hickory Creek Road, said point being S 03°10'29" W, 48.08 feet, S 89051130" W, 279.57 feet and S 81°19'39" W, 10.00 feet from a found P.K. nail at the northeast comer of said Madrigal Tract; THENCE S 00008'30" E, a distance of 185.00 feet; THENCE S 89051'30" W, a distance of 240.11 feet; THENCE N 00008'30" W, a distance of 171.48 feet to a set 5/8 inch capped iron rod (TNP) on said proposed new south right-of-way line of Hickory Creek Road; THENCE with said right-of-way, with the following courses and distances: N 89°51'30" E, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP); N 81°19'39" E, a distance of 91.12 feet to the Point of Beginning and containing 0.959 acre of land more or less; TEMPORARY CONSTRUCTION EASEMENT NO.3 BEGINNING at a point on the proposed new south right-of-way line Hickory Creek Road, said point being S 03° 10'29" W, 48.08 feet and S 89°51'30" W, 150.00 feet from a found P.K. nail at the northeast comer of said Madrigal Tract; THENCE S 00008'30" E, a distance of 30.00 feet; THENCE S 89051'30" W, a distance of 40.00 feet; THENCE N 00008'30" W , a distance of 30.00 feet to a point on said proposed new south right-of- way line of Hickory Creek Road; THENCE N 89051'30" E, a distance of 40.00 feet to the Point of Beginning and containing 0.028 acre of land more or less; Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83 ). EXHIBIT D MAP SHOWING. PROPOSED TEMPORARY CONS7RYC7ION EASEMENTS City of Denton, Denton County, Texas HICKORY CREEK ROAD (VARIABLE RDTH ROW) �y �N W31'TI' W 5a00'(T07) 1/2' IRF � d93i:N1 F . N 73�6'J3' W W.W. Y I115 i KNOWN-' 32 rY�`t l r l.{ M 31 7EMPORARY CONS7RUC7ION EASEMENT NO. 2 (0.959 ACRE) PARCEL 3 N ,p as r 4a00' T j 5 64xI Ja W 395951'JO' W 1J0� h Ari � r.5:. Ma] ✓/�✓ �Jf f��i% �vaa �:J1,�s o0vew• F 3aro• S 9961W W 2+air & ACCESS EASEMENT t i 7EMPORARY CONSIRUC770M EASEMENT NO. 1 (0.069 ACRE) GARY JAY MADRIGAL VOL. 4155 PG. 1004, (QUITCLAIM) VOL. 429, PG. 467, (REF. DEED) N 009s�30 W 1. 5 9951'30• W 4a0D' 7EMPORARY CONS7RUC770N EASEMENT NO. 3 (0.028 ACRE) CITY OF DENTON VOL. 4647, Pa. 3456 NOTES: 1. Becringa are based on the Toms Slate Coordinate System, North Central Zone (Nod 83). 2. Integral parts of this survey. a. Nap b. Pi ld not" 14 3. The new right—of—way line will be monumented with 5/8" Iron rods capped •T.N.P.' I L PARCEL 3 0 100 200 300 \PRD R14\0EN0027I\mW\TCI,].DWa TEAGUE NAU AND PERKINS c e a s a s s I a a s W a I s e s a s 00 acon stree Fe rill W o rif h. Texaa 76t102 -Prepared BY. 1817) 3 3 6 — 5 7 7 3 2 J 5 W a a t 1 0 1 a 0 S t r e e t 1 6 u a 0 0 O w n t nogo n, T a r a a 7 6 Date: () 3e3-4177 40